DISPUTE RESOLUTION 1:Positive affect in Negotiation, Alternative Dispute Resolution

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Conflict Management HRM624

Lesson 2

DISPUTE RESOLUTION 1

Quotation

We should look in society not for consensus, but for in eliminable and acceptable conflicts, and for

rationally controlled hostilities, as the normal condition of mankind...Harmony and inner consensus come

with death.

Stuart Hampshire (1914 - 2004)

British philosopher.

Conflict

Conflict is a natural and inevitable part of all human social relationships. Conflict occurs at all levels of

society-intrapsychic, interpersonal, intra-group, inter-group, intra-national and international (Sandole &

Staroste, 1987).

People with different beliefs, values and expectations effectively live in different worlds.

It leads to: more they talk, more they experience frustration and hostility; may result in violent conflict.

This course deals with conflict dynamics and cooperative process of conflict management-negotiation,

meditation, facilitation, problem solving, and conflict resolution.

Emotions in Conflict Management

Emotions play an important role in the conflict management, although it is only in recent years that their

effect is being studied. Emotions have the potential to play either a positive or negative role in negotiation.

During negotiation, the decision as to whether or not settle rests in part on emotional factors. Negative

emotions can cause intense and even irrational behavior, and can cause conflicts to escalate and negotiations

to break down, while positive emotions facilitate reaching an agreement and help to maximize joint gains.

Humans have 400 emotions. Fear, anger, depression, satisfaction are the primary emotions.

Positive affect in Negotiation

Even before the negotiation process starts, people in a positive mood have more confidence, and higher

tendencies to plan to use a cooperative strategy. During the negotiation, negotiators who are in a positive

mood tend to enjoy the interaction more, show less contentious behaviour, use less aggressive tactics and

more cooperative strategies.

Negative affect in Negotiation

Negative affect has detrimental effects on various stages in the negotiation process. Although various

negative emotions affect negotiation outcomes, by far the most researched is anger. Angry negotiators plan

to use more competitive strategies and to cooperate less, even before the negotiation starts. These

competitive strategies are related to reduced joint outcomes. During negotiation, anger disrupts the process

by reducing the level of trust, clouding parties' judgment, narrowing parties' focus of attention and changing

their central goal from reaching agreement to retaliating against the other side.

The effect of the Partners' Emotions

Specific emotions were found to have different effects on the opponent's feelings and strategies chosen:

Conflict Management HRM624

a) Anger

Anger caused the opponents to place lower demands and to concede more in a zero sum negotiation,

but also to evaluate the negotiation less favorably. It provoked both dominating and yielding behaviors

of the opponent.

b) Pride

Pride led to more integrative and compromise strategies by the partner.

c) Guilt

Guilt or regret expressed by the negotiator led to better impression of her by the opponent, however it

also led the opponent to place higher demands.

d) Worry or Disappointment

Worry or Disappointment left bad impression on the opponent, but led to relatively lower demands by

the opponent.

Conflict resolution

There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with

violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes

referred to simply as conflict resolution, grew out of the belief that there are better options than using

violence or going to court. Today, the terms ADR and conflict resolution are used somewhat

interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside

of the traditional court system. The field of conflict resolution also includes efforts in schools and

communities to reduce violence and bullying and help young people develop communication and problem-

solving skills.

Alternative Dispute Resolution (ADR)

Dispute resolution processes used in the resolution of legal, commercial, and other interpersonal conflicts

a) Other than litigation

b) Other than doing nothing

c) Other than illegal or violent means

In simple words, alternative Dispute Resolution, or ADR, is a way of resolving disputes without going to

court.

Forms of resolving conflict (Alternative Dispute Resolution)

Common forms of conflict resolution include:

a) Negotiation

b) Meditation

c) Conciliation

d) Arbitration

e) Adjudication

Negotiation

Negotiation is a discussion among two or more people with the goal of reaching an agreement.

Broadly speaking, negotiation is an interaction of influences. Such interactions, for example, include the

process of resolving disputes, agreeing upon courses of action, bargaining for individual or collective

advantage, or crafting outcomes to satisfy various interests. Negotiation is thus a form of alternative dispute

resolution.

Conflict Management HRM624

Negotiation involves two basic elements: the process and the substance. The process refers to how the

parties negotiate the context of the negotiation, the parties to the negotiation, the relationships among these

parties, the communication between these parties and the tactics used by the parties. The substance refers to

what the parties negotiate over, the agenda the issues, the options, and the agreements reached at the end.

Meditation

Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people

discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information,

framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create

their own solutions and the mediator does not have any decision-making power over the outcome.

Conciliation

Conciliation is the least intrusive of third-party processes. A neutral person agreeable to all parties is

selected to serve as conciliator. The conciliator serves as a go-between. Typically the conciliator meets

separately with each party in attempts to persuade the parties to proceed with each other. Thus, the

conciliator's primary role is to reestablish or improve communication between the parties.

When the parties are too angry to speak with each other, a conciliator may be all that is needed.

Arbitration

Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments

from both sides, issues a decision to settle the case. Arbitration is often used in commercial and

labor/management disputes.

Adjudication

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including

legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and

obligations between the parties involved.

Three types of disputes are resolved through adjudication:

a) Disputes between private parties, such as individuals or corporations.

b) Disputes between private parties and public officials.

c) Disputes between public officials or public bodies.

Interdependent relationship

Contrient interdependence

Defined meeting one party's goals is seen to harm the other party's goals.

Zero-sum situations are those seen by the parties as perfectly contrient the more one party is benefited

the more the other is harmed. In other words, benefit "sums to zero."

Promotive interdependence

Interdependence may also be positive (known as "promotive interdependence").

Defined meeting one party's goals is seen to promote the other party's goals

Virtually all conflicts combine promotive and contrient interdependence.

An interpersonal conflict in which both the promotive and contrient aspects of interdependence are

recognized is known as a "mixed-motive" situation.

Conflict Management HRM624

Alternative Dispute Resolution (ADR) in Pakistan

Various alternative dispute resolution (ADR) techniques are used in Pakistan. Some of the relevant

laws/provisions dealing with ADR are as follows:

1. Section 89-A of the Civil Procedure Code, 1908 (as amended in 2002) read with Order X Rule 1-A

(deals with alternative dispute resolution )

2. The small Claims and Minor Offences Courts Ordinance, 2002

3. Sections 102-106of the Local Government Ordinance, 2001

4. Sections 10 and 12 of the Family Courts Act, 1964

5. The Arbitration Act, 1940

6. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)

7. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal of provincial

governments are at dispute with one another)

Parties to Conflict

Disputants

In the interpersonal conflict, those who have incompatible goals are called disputants.

Disputants may be individuals, groups, corporations, congregations, communities, nations, or any collective

of people.

Agents

One who acts on behalf of a disputant is called an agent.

Or a representative who acts on behalf of other persons or organizations is called an agent.

Advocate

An advocate is a kind of agent. The one who speaks on behalf of another, especially in a legal context is

called an agent. Implicit in the concept is the notion that the represented lacks the knowledge, skill, ability,

or standing to speak for themselves. Common advocates include lawyers, activists, and public relations

consultants.

Dispute

Dispute is a disagreement or argument about something important.

Dispute Resolution

The methods that people use to resolve interpersonal conflicts are called dispute resolution.

Advantages of ADR

· Less formal

· Less costly and

· Less time-consuming than going to court.

· Results are specific to your needs

Factors that Distinguish Dispute Resolution Processes

Dispute resolution processes are distinguished from each other on the following bases:

· Who decides the outcome?

· Who participates in the process?

· Under what auspices is the process provided?

Conflict Management HRM624

Negotiation and Adjudication

Negotiation: dialogue or communication between the disputants aimed at settling interpersonal conflict.

Adjudication: process in which neutral third party renders binding decision in interpersonal conflict.

Negotiation Models

Negotiation

Figure

Disputant

"Persuade" directions

Decision makers

Other participants

Negotiation with Agents or Advocates

Agent

advocate

Disputant

Other

Decision makers

participants

"Persuade"

directions

Conflict Management HRM624

Mediation Model

Neutral

Disputant

"Persuade"

"Assist"

Other

Decision makers

directions

participants

Nonbinding

Evaluation

Neutral

Non-

binding

decision

Disputant

"Persuade"

"Assist"

Other

Decision makers

directions

participants

Conflict Management HRM624

Basic Dispute Resolution Forms

Agent or

advocate-

Simple

assisted

Negotiation

Assisted/

Mediation

Facilitated

Mixed/Hybrid

Nonbinding

ADR

Evaluation

Litigation

Agency Adjudication

Adjudication

Arbitration

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